SERAP urges Tinubu to withdraw 2019 communications interception rules...

The Socio-Economic Rights and Accountability Project (SERAP) has urged President Bola Tinubu to withdraw the Lawful Interception of Communications Regulations, 2019, arguing that the rules violate the Nigerian Constitution and international human rights standards.

In a letter dated February 22, 2026, and signed by its Deputy Director, Kolawole Oluwadare, SERAP called for the initiation of a fresh and transparent lawmaking process to ensure that any framework governing the interception of phone calls and digital communications complies with constitutional safeguards and includes proper court oversight.

CBI News reports that the group said the regulations, introduced under the supervision of Communications Minister Bosun Tijani, grant broad surveillance powers without adequate judicial control or independent monitoring.

SERAP stressed that any law restricting privacy and freedom of expression must protect citizens’ rights and meet the tests of legality, necessity and proportionality.

The demand followed allegations by former Kaduna State Governor Nasir El-Rufai that a phone conversation involving the National Security Adviser, Nuhu Ribadu, had been intercepted. El-Rufai claimed that communications were being monitored and that he overheard discussions about his potential arrest.

According to SERAP, the 2019 regulations allow authorities to monitor communications on grounds such as national security, economic wellbeing and public emergency, but without strong court supervision or clear limits.

The organisation warned that as Nigeria approaches the 2027 general elections, expansive interception powers could be misused in politically sensitive periods.

It argued that even the perception of being monitored could discourage political participation, investigative journalism and voter mobilisation, adding that free elections depend on secure communication and open public debate.

SERAP gave the President seven days to respond to its request, stating that it would consider legal action if no action is taken.

The group also cited guidance from the Office of the United Nations High Commissioner for Human Rights, which states that mass data collection without strict boundaries fails to meet international human rights standards.

It noted that even storing personal data without active use still affects the right to privacy.

Further criticising the framework, SERAP said the Nigerian Communications Commission adopted the regulations under the Nigerian Communications Act of 2003.

It explained that Regulation 4 grants interception powers primarily to the Office of the National Security Adviser and the State Security Service, while Regulation 23 expands authorised agencies to include the Nigeria Police Force, Economic and Financial Crimes Commission (EFCC), National Drug Law Enforcement Agency (NDLEA) and other bodies.

The organisation argued that this broad listing creates ambiguity over which agencies are lawfully empowered to intercept communications.